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V1750-19 10 July 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · alteración patrimonial

Awarding an asset at a value exceeding the ownership share results in a capital gain or loss

A query was raised regarding whether the dissolution of a co-ownership (condominium) where one co-owner receives the property by compensating the others constitutes a change in assets. The DGT ruled that if the award exceeds the co-owners' ownership share, a change in assets occurs, resulting in a capital gain or loss.

The question raised

Existence of asset alteration.

The DGT's ruling

The dissolution of a community of property does not constitute an asset alteration if the allocation conforms to the ownership share of each co-owner. However, if assets are allocated at a value higher than that corresponding to the ownership share, an asset alteration occurs for the other co-owners. This gain or loss is determined by the difference between the acquisition and transfer values, regardless of whether cash compensation is provided.

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